What to know about evaluation for special education

On Behalf of | Nov 27, 2023 | Education Law |

If you notice your child is not performing well in school, despite implementing solutions, you and/or their teacher may request an evaluation for special education. This evaluation can help identify if your child needs additional support.

Here is what to know about this matter:

The school may refuse your request

If you request an evaluation for your child, the school can agree or disagree. In either case, they must notify you of their decision in writing, explaining their reasons.

You will be asked for consent

If your child’s school recommends an evaluation, you should respond in writing stating whether you consent to it or not. The school can’t evaluate/reevaluate your child or recommend them to receive special education without your consent.

But there are exceptions. Your consent may not be required if an evaluation is given to all students (unless all parents are required to give consent). The school may also not require your consent before reviewing existing data for an evaluation or reevaluation.

Further, if the school district can prove they took reasonable measures to get your consent, and you didn’t respond, a reevaluation can be conducted without your consent.

You can withdraw consent

You can withdraw your consent at any time. But this won’t be retroactive – the withdrawal will not apply to actions that have already taken place.

A thorough evaluation must be conducted

The school must conduct a thorough evaluation to obtain adequate information to help your child. One test is insufficient to determine if a child needs special education and the best ways to help them.

If your child needs a special education evaluation, and you believe their school didn’t follow the required steps, violating your rights and your child’s, seek legal guidance to know your options.